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Terms of service

Terms of Service for ArtPOP!

Effective Date/Last Updated: June 29th, 2022

Welcome to the ArtPOP! Website. Customers can access and use various Content, features, tools and associated online services using the website. (collectively, the website, the Content and the online services are referred to as the “Site”). On ArtPOP!, you can review and purchase a great selection of creative art materials and products.

These Terms of Service (“Terms”) govern your access to and use of the Site. Please read these Terms carefully before accessing or using the Site. By using the Site, you agree, on behalf of yourself and any company that you represent, that you have read, understood and agree to these Terms. You understand that upon accepting these Terms, you are entering into a binding contract with ArtPOP!. IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.

ARBITRATION NOTICE; CLASS WAIVER; WAIVER OF TRIAL BY JURY.


THESE TERMS CONTAIN A PROVISION REQUIRING YOU TO RESOLVE DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND ARTPOP! WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. THIS ARBITRATION PROVISION LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.


1. MODIFICATIONS

We reserve the right to modify these Terms at any time. Material changes will be conspicuously posted on the Site or otherwise communicated to you. All changes to these Terms will be effective immediately upon posting or communication to you. Continued access to or use of the Site following changes to these Terms confirms that you have read, understood, and agreed to be bound by such changes.

2. PRIVACY POLICY

We may collect certain personal information from you when you use the Site. We describe how we collect, use and share personal information in our Privacy Policy.

3. PROPRIETARY RIGHTS.

The Site incorporates certain text, information, product descriptions, illustrations, materials, designs, images, drawings, audio, video, visuals, graphics, charts, photographs, compilations, data, data bases, data sets, interfaces, icons, software, computer code, hypertext markup language (HTML), scripts, trademarks, trade dress, logos, slogans, names of products and services, and other similar items, including the features, functions, and look and feel of the Site. (“Content”). The Site and Content, including its design, selection, and arrangement, are the sole and exclusive property of ArtPOP! or, as applicable, its licensors. The Content and Site are protected by certain copyright, trademark, trade dress or other intellectual property rights (“Intellectual Property Rights”) and may not be used except as expressly provided in these Terms. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.

4. USER LICENSE TO USE THE SITE

Provided you comply with these Terms, ArtPOP! grants you a limited permission (which may be revoked at any time for any reason or no reason) to access and use the Site and to download, email, or print individual pages of the Content solely for your personal use. You may not remove any trademark, copyright or other proprietary notices contained on such pages. Any rights not expressly granted herein are reserved by ArtPop!.

5. ACCEPTABLE USE POLICY.

When you use the Site, you agree to comply with the following Acceptable Use Policy:


a. Compliance with Laws.

You agree to use the Site and submit User-Generated Material in compliance with applicable international, federal, state or local laws, rules or regulations (“Applicable Laws”).

b. Truthful and honest.

You agree:

  • to submit only true, correct and accurate information.
  • not to misrepresent your affiliations with ArtPop! or any third party.
  • not to commit fraud or falsify information in connection with your use of the Site.
  • not to act maliciously against the business interests or reputation of ArtPOP!
  • not to impersonate or attempt to impersonate another user or person.

c. Protection of Intellectual Property Rights.

You agree not to:

  • use the Site, the Content or the User-Generated Material in a manner which infringes or misappropriates the Intellectual Property Rights of ArtPop! or any third party.
  • modify, adapt, translate, copy, distribute, re-publish, transmit, broadcast, display, perform, reproduce, publish, reuse, sell, resell, license, create derivative works of, or transfer the Site, the Content or the User-Generated Material in whole or in part.
  • create a competitive product or service offering to the Site.
  • incorporate the Content into any database, data set, compilation, archive or cache.
  • link to or use the Site in a manner which does or has the potential to, in our sole opinion, damage or dilute the reputation of ArtPOP! and the goodwill associated with ArtPOP!’s names and trademarks.
  • create the false appearance that any program, person, or entity is associated with or sponsored by ArtPOP!


d. Misuse of the Site.

You agree not to use the Site, the Content or the User Generated Material to:

  • harass, annoy, intimidate, or threaten any person.
  • attempt to gain unauthorized access to other computer systems from or through the Site.
  • interfere with another’s use or enjoyment of the Site.
  • Send chain letters or junk mail, spam, or use of distribution lists.
  • deep-link to the Site or access the Site with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of the Site or any Content available from the Site.

e. Interference with Operations of the Site.

You agree not to:

  • engage in activities that could render the Site inoperable or make use of the Site more difficult.
  • upload, post, or transmit viruses or other malware.
  • disrupt, interfere with, or otherwise harm or violate the security of the Site, system resources, accounts, passwords, servers or networks connected to or accessible through the Site.


If you violate this Acceptable Use Policy, ArtPop! may not have an adequate remedy at law and monetary compensation may not be a sufficient remedy. In that event, ArtPop! may seek immediate injunctive relief, without the need to post bond. ArtPOP! reserves all of its statutory and common law rights against any person or entity who violates this Acceptable Use Policy and may suspend or terminate your right to use the Site for a violation of this Acceptable Use Policy.

6. Payment Information

Purchases of Products made through the Site must be made by credit or debit card. Information about our collection and use of credit or debit card information is described in our Privacy Policy.
If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Payments are processed by our third-party payment processor, Shopify Payments. Refunds, if available, are solely the responsibility of ArtPOP!, are at ArtPOP!’s sole discretion and are subject to ArtPOP!’s Return Policy.

7. Terms of Sale

All product orders made using the Site (“Products”) are subject to these Terms of Sale:

a. Pricing.

Prices will be as posted on the Site as of the date and time we accept your order. Prices may change at any time without notice to you.

b. Availability.

Product availability may change and may be limited. Products may not be available for immediate delivery. Some Products may not be available in certain areas.

c. Product Descriptions.

Product colors, measurements and weights are approximate only and may vary from the description on the Site. These differences will not constitute a defect in or noncompliance of the Product. We reserve the right to modify Product offerings at any time, but we are not obligated to make any modifications to Products that have already been shipped. ArtPOP! is not responsible for any typographical errors on the Site or in the Content.

d. Shipping and Returns.

Product orders are subject to the shipping, return, and related terms and policies located at our. Shipping Information and Return Policy.

e. Order Process.

The Site invites you to make an offer to purchase certain Products. No order is complete until accepted by ArtPOP!. We reserve the right, in our sole discretion, to refuse or cancel any order for any reason. We may require additional verifications, approvals or other information before accepting any order. After we receive your offer to purchase Products, we will send an order acknowledgement to the email address you provide listing the contents of your requested order. This email serves only as information to you acknowledging that the offer has been received.

f. No Resale.

You may not resell Products purchased through the Site.

g. Disclaimer of Warranties:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS ARE PROVIDED “AS IS”. ARTPOP! EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW, FROM A COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM ARTPOP! OR IN ANY MANNER FROM THE SITE OR CONTENT CREATES ANY WARRANTY.

BY MAKING A PURCHASE FROM ARTPOP!, YOU AGREE THAT ARTPOP! IS NOT RESPONSIBLE FOR ANY DAMAGE OR HARM CAUSED BY THE RECEIPT, POSSESSION, STORAGE, USE OR MISUSE OF THE PRODUCTS IT SELLS. YOU AGREE THAT ARTPOP! SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM THE USE OF THE PRODUCTS IT SELLS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, AND CONSEQUENTIAL LOSSES (E.G., DAMAGES CAUSED DUE TO DELAY, DAMAGE CAUSED TO ARTWORK, OR LOSS OF EXPECTED OR ANTICIPATED PROFITS). NOTWITHSTANDING THE FOREGOING, SHOULD ARTPOP! BE FOUND LIABLE FOR ANY DAMAGES, YOU AGREE THAT SUCH LIABILITY SHALL BE LIMITED TO A MAXIMUM OF THE AMOUNT YOU PAID FOR THE PRODUCT AT ISSUE. YOU ACKNOWLEDGE AND AGREE THAT YOU BEAR ALL RISK ASSOCIATED WITH THE RECEIPT, POSSESSION, STORAGE AND USE OF PRODUCTS PURCHASED FROM ARTPOP! AND THAT YOU SHOULD TEST THE PRODUCT BEFORE APPLYING IT OR OTHERWISE USING IT IN A WAY.

8. Termination of and Modifications to the Site

ArtPOP! reserves the right, in its sole discretion, to modify, suspend, or discontinue at any time, with or without notice, the Site, the Content or the User-Generated Material. The Site, your account or the User-Generated Material may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability.

9. YOUR ACCOUNT, PASSWORD, AND SECURITY

a. Creation of Account.

If you create an account on the Site, you will need to provide a valid email address, create a password and provide certain personal information to ArtPOP!, including your name, billing address, and telephone number. You agree to keep such information updated. ArtPOP! has the right to suspend or terminate your account if you fail to comply with these requirements and ArtPOP! Reserves the right to refuse any and all current or future use of the Site. If you submit the personal information of any person other than yourself in using the Site, you warrant that you have that person’s permission to provide us with that information.

b. Security of Account.

You are responsible for maintaining the confidentiality and security of your account, username, and password. You are fully responsible for all activities that occur in connection with your account or password. You agree to (i) immediately notify ArtPOP! of any known or suspected unauthorized use(s) of your password or account, or breach of security, including loss, theft, or unauthorized disclosure of your password and (ii) ensure that you log out from your account at the end of each session. ArtPOP! will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with this Section 9.

10. CANCELLATION, TERMINATION, TRANSFER, AND EXPIRATION OF ACCOUNT OR THE SITE

a. Termination of Account by You.

You may terminate your account at any time by providing written notice to ArtPOP!. Any User-Generated Material you have Submitted using the Site may remain in our archives and continue to be accessible by other users. We have no obligation to return any User-Generated Material you have Submitted. If you want to retain copies of that User-Generated Material, you must do so before you terminate your account.

b. Suspension or Termination of Your Account by ArtPOP!.

ArtPOP! may suspend or terminate your account and/or your access to or use of the Site for any reason, with or without prior notice to you. In such a case, you must immediately cease accessing and using your account and/or the Site. ArtPOP! shall not be liable to you or any third party for any termination or suspension of your account or any ability to access or use the Site. ArtPOP! has no obligation to archive or otherwise store any User-Generated Material upon suspension or termination of your Account.


11. USER-GENERATED MATERIAL

a. Nature of User-Generated Material.

You may use the Site to create, post, upload, transmit, display, publish, distribute, broadcast, or otherwise submit (collectively, “Submit”) comments, data, images, text, photos, artwork, audio, videos, and other content and materials, upload artwork, and to respond to content provided by others (collectively, “User-Generated Material”). “User-Generated Material” includes any materials that you may provide pursuant to any artwork release form or comparable document. You retain any copyright or other Intellectual Property Rights you may have in User-Generated Material that you provide, subject to the license granted to ArtPOP! below.

b. Acceptable Use.

Any User-Generated Material you Submit may be publicly available via the Site. You must maintain a polite, pleasant, and respectful environment when you Submit User-Generated Material. User-Generated Material must be relevant to the applicable topic. If you delete User-Generated Material that you have Submitted (where that option is available), you understand that it may remain in our archives and that users who have accessed that User-Generated Material may continue to have access to and use it. You agree to comply with the terms of the Acceptable Use Policy set forth in Section 5 when you Submit any User-Generated Material. You will not provide User-Generated Material that:

  • contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or images in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
  • is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
  • is intended to promote a cause or movement, whether political, religious or otherwise;
  • contains copyrighted content without the express permission of the copyright owner;
  • discloses any personal information relating to or images of a minor without prior written consent of that minor’s parent or legal guardian;
  • contains any other person’s private or confidential information without that person’s permission;
  • harms or is inappropriate for minors to view;
  • links to any commercial or other website without our prior express written permission; or
  • is not otherwise in compliance with these Terms, including the Acceptable Use Policy in Section 5 and 12 (b).

c. User Representations and Warranties.

Each time you Submit User-Generated Material, you represent and warrant that: (i) you are the owner of or have the express written permission from the copyright owner to Submit the User-Generated Material and (ii) Your User-Generated Material will not violate these Terms or Applicable Laws.

d. User License Grant to ArtPOP!.

If you Submit User-Generated Material, you hereby grant to ArtPOP! and its affiliates an unlimited, royalty-free, fully paid-up, perpetual, irrevocable, worldwide, transferable, assignable, sublicensable, non-exclusive right and license to copy, modify, adapt, reformat, translate, excerpt, display, archive, store, implement, publish, transmit, perform, reproduce, license, sell, exploit, create derivative works of, and otherwise use and distribute all such User-Generated Material, in any form, media, software or technology of any kind now existing or developed in the future, for any purpose, including without limitation developing, manufacturing, and marketing products and services. You authorize ArtPOP! to include the User-Generated Material you Submit in a searchable format that may be accessed by users of the Site and other websites. You agree that ArtPOP! may use your name and User-Generated Material for purposes of excerpting your reviews in ArtPOP! advertising and marketing materials. You grant all rights described in this paragraph in consideration of your use of the Site without the need for compensation of any sort to you. Submission of User-Generated Material may be subject to additional terms as may be provided at the point of upload or other Submission.

e. Disclaimer of Responsibility for User-Generated Material.

ArtPOP! does not control User-Generated Material Submitted using the Site and disclaims any responsibility for any User-Generated Material. You are responsible for all User-Generated Material that you provide and for the legality, originality, and appropriateness of those User-Generated Material. ARTPOP! ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE CREATION, USE, STORAGE, LOSS OR DESTRUCTION OF ANY USER-GENERATED MATERIAL.

f. Review & Removal of Material.

ArtPOP! has no obligation to, but reserves the right to, monitor, review, screen, refuse to post, remove in whole or in part, modify, edit, reorganize, recategorize, and delete (at any time, for any reason, and without prior notice) any User-Generated Material in its absolute and sole discretion.

12. COPYRIGHT POLICY.

We respect the Intellectual Property Rights of others and we ask that our users do the same. The Digital Millennium Copyright Act (the "DMCA"), located at 17 U.S.C. § 512, provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that anything on the Site, including our Content or any User-Generated Material, infringes any copyright that you own or control, you (or your agent) may send ArtPOP!’s designated agent a notice that includes the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed; (b) a description of the copyrighted work(s) claimed to have been infringed; (c) a description of the material that is claimed to be infringing or the subject of infringing activity, including its location on the Site or information reasonably sufficient to allow ArtPOP! to locate the material on the Site; (d) your name, address, telephone number and email address; (e) a statement by you that you have a good faith belief that the use of the content or material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of, or are, the owner of the copyright that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.

Notices and counter-notices must meet the then-current requirements imposed by the DMCA. Notices and counter-notices with respect to the Site must be sent to ArtPOP!’s designated agent for claims of copyright infringement

Vice President of Marketing, ArtPOP!,
ArtPOP!
6B Fitzgerald Ave
Monroe Township, NJ 08831
Marketing@artpop.com
800-224-6256

ArtPOP! suggests that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user who is a copyright infringer. ArtPOP! may, in its sole discretion, temporarily or permanently block access to, remove, deactivate, delete, and discard all User-Generated Material subject to a claim of copyright infringement. ArtPOP! accepts no liability for lost, removed or deleted User-Generated Material.

13. TRADEMARKS

ArtPOP!, its name, trademarks and logos used on or in connection with the Site are the sole and exclusive property of ArtPOP!. You may not be using our name, trademarks or logos in connection with any product or service that is not under ArtPOP!’s ownership or control. ArtPOP’s name, trademarks and logos may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits ArtPOP!. Any unauthorized use of any ARTPOP!’s name, trademark or logos, is strictly prohibited and may be prosecuted to the fullest extent of the law.

14. AS-IS; DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE".

ARTPOP! EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, OR ARISING FROM COURSE OF DEALING.

ARTPOP! DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE. ARTPOP! DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER MALWARE. ARTPOP! HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION OR USER-GENERATED MATERIAL.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. ARTPOP! ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR ELECTRONIC DEVICES OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE SITE. YOU ALONE ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT FROM THE SITE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM ARTPOP! OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.

15. LIMITATION OF LIABILITY

a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARTPOP!, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL LOSSES (EVEN IF ARTPOP! HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE CONTENT, THE SITE, THE USER-GENERATED MATERIALS, THE PRODUCTS OR THE SUBJECT MATTER OF THIS AGREEMENT.

b. IN NO EVENT SHALL ARTPOP!’S OR ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO ARTPOP! FOR ANY PRODUCTS, IF ANY, OR (B) $100, WHICHEVER IS LESS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

c. YOU AND ARTPOP! AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THESE TERMS AND IN THE DECISION BY EACH PARTY TO ENTER INTO THESE TERMS. YOU AND ARTPOP! AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.

d. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. INDEMNITY

You agree to indemnify and hold harmless ArtPOP!, its affiliates, and its and their respective officers, directors, employees, agents, licensors and professional advisors from and against any claim, demand, damage, loss, liability, complaint, action, judgment, settlement, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, made by anyone in connection with (i) your access to or use of the Site, (ii) submission or use of User-Generated Material, (iii) third-party claims alleging the User-Generated Materials infringe the Intellectual Property Rights or other rights of any person, (iv) your violation of these Terms, or (v) any other acts or omissions relating to the Site. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

17. MINORS.

The consent of a parent or legal guardian is required before a minor can use the Site. Use of the Site by a minor is confirmation that the minor has received permission from a parent or legal guardian to use the Site. The applicable parent or legal guardian will be responsible for any activities of a minor in connection with the Site regardless of whether or not the minor has received permission from that parent or legal guardian to use the Site.

18. THIRD-PARTY WEBSITES

As a courtesy to you, we may link to other websites. Some of these websites may be affiliated with ArtPOP! while others are not. ArtPOP! is not responsible for examining or evaluating the contents of any websites not maintained or controlled by ArtPOP!. Visiting any such third-party website pages is at your own risk. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by ArtPOP!. ArtPOP! is not responsible for the availability of, nor the content located on or through any third-party websites. You should read the terms of use and privacy policy for each website that you visit.

19. SOCIAL MEDIA

Links to our social media pages (e.g., Facebook, Twitter, Instagram, and YouTube) are included on the Site ("Social Media Pages"). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect our views. We reserve the right to remove anything from our Social Media Pages in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms. If we follow, like, re-tweet, favorite, share, or re-post an individual's content on its Social Media Pages, that is not an endorsement of that third party or any product, service or company they represent.
Content on this Site may include videos and other embedded content, including YouTube videos. ArtPOP! uses the YouTube application programming interface (API) Services to allow you to access YouTube content from our Site. By accessing such content, you are agreeing to be bound by YouTube’s Terms of Service which can be found at https://www.youtube.com/t/terms.

20. FEEDBACK

ArtPOP! welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

21. THIRD-PARTY BENEFICIARIES

These Terms do not confer any rights, remedies, or benefits upon any person other than you and ArtPOP!, except that our affiliates are third-party beneficiaries of these Terms.


22. JURISDICTION, APPLICABLE LAW, AND LIMITATIONS

These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law provisions. The United Nations Convention for the International Sale of Goods does not apply.
Except with regard to disputes which are subject to arbitration under Section 23 of these Terms, venue for any other dispute arising under these Terms is exclusively in the state or federal courts located in Chicago, Illinois and you expressly agree to the exclusive jurisdiction of those courts.

Any cause of action or other claim with respect to the Site or must be commenced within one year after the cause of action or claim arises. ArtPOP! makes no claims or assurances that the Site is appropriate or may be accessed, downloaded, or otherwise used outside of the United States.

23. ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY. PLEASE READ THE FOLLOWING TERMS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH ARTPOP! ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

  • Applicability of Arbitration Agreement. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of these Terms to arbitrate (hereinafter, collectively, the "Dispute"), which cannot be resolved informally, shall be resolved by binding arbitration on an individual basis under the terms set forth below (the "Arbitration Agreement"). Notwithstanding anything to the contrary however, you and ArtPop! each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's Intellectual Property Rights or as otherwise permitted in these Terms. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.
  • Arbitrator. The arbitration proceeding will be administered by the American Arbitration Association ("AAA") before one arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and binding and will not have precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys' fees and costs, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with AAA rules. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION.
  • Place. The place of arbitration shall be in Chicago, Illinois, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party,
  • Survival. This Arbitration Agreement provision will survive the termination of these Terms.
  • Time Limitation on Claims. Subject to Applicable Law, any claim by you arising in connection with the Site, the Content or your purchase of Products must be commenced by you within one (1) year of the Dispute giving rise to the claim.
  • Changes to this Agreement to Arbitrate. If ArtPop! modifies this arbitration provision, you may reject that change by sending ArtPop! written notice within thirty (30) days of our posting of the change, in which case we will terminate your account(s) and you must stop using the Site.


24. NOTICE FOR INTERNATIONAL USERS.

The Site is hosted on servers located in the United States and is intended to be viewed primarily by residents of the United States. We reserve the right to host the Site on servers located in countries other than the United States. We do not guarantee that the Site or the sale of our Products are permitted in any country outside of the United States and we may refuse any orders from outside of the United States in our sole discretion.

25. TERMS APPLICABLE TO NEW JERSEY CONSUMERS.

No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for: (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. We reserve all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.


26. COOPERATION WITH LAW ENFORCEMENT

ArtPop! will cooperate with law enforcement if you are suspected of having violated Applicable Laws. YOU WAIVE AND HOLD ARTPOP! HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

27. SURVIVAL

Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Site.

28. NOTICE & ELECTRONIC COMMUNICATIONS

All notices, consents, and other communications permitted or required to be given under these Terms must be in writing and addressed to the recipient and will be deemed given: upon delivery if personally delivered with fees prepaid, including by a recognized courier service; upon receipt if delivered by certified or registered United States mail, postage prepaid and return receipt requested, as indicated by the date on the signed receipt; or, where you are the recipient, upon delivery by email. These Terms and any other documentation, agreements, notices, or communications between you and ArtPOP! may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

29. GENERAL

a. Enforceability.

If any portion of these Terms is found to be void, invalid or otherwise unenforceable, then that remaining portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms shall continue to be enforceable and valid according to terms contained herein.

b. Entire Agreement.

These Terms and any applicable artwork release forms constitute the entire agreement between you and ArtPOP! with respect to your access to and use of the Site, superseding all prior agreements regarding the Site.

c. No Waiver; Force Majeure.

The failure of ArtPOP! to exercise or enforce any right or provision of the Terms shall not constitute a waiver of said right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by ArtPOP!. ArtPOP! shall not be deemed to be in default of any provision of these Terms or for failure in performance resulting from acts or events beyond the reasonable control of ArtPOP! and arising without its fault or negligence, including, but not limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

d. Assignment.

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.

e. Contact ArtPOP!.

For purposes of providing notice of cancellation or termination or if you have any questions regarding these Terms, you can contact ArtPOP! By

Sending an email to info@artpop.com,

Sending a letter to ArtPOP!, Attn: VP of Marketing, 6B Fitzgerald Avenue, Monroe Township, NJ 08831

or by calling 800-224-6256